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HomeMy WebLinkAboutZA2018-012 - COASTAL DEVELOPMENT PERMIT TO DEMOLISH AN EXISITING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A NEW THREE-STORY SINGLE-FAMILY RESIDENCE WITH AN ATTACHED THREE-CAR GARAGE - 16 BEACON BAYRESOLUTION NO. ZA2018-012 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH APPROVING COASTAL DEVELOPMENT PERMIT NO. CD2017-107 TO DEMOLISH AN EXISTING SINGLE-FAMILY RESIDENCE AND CONSTRUCT A NEW THREE-STORY SINGLE-FAMILY RESIDENCE WITH AN ATTACHED THREE-CAR GARAGE AT 16 BEACON BAY (PA2017-250) THE ZONING ADMINISTRATOR OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Charles d’Arcy of d’Arcy & Associates Architecture, Inc. (“Applicant”), on behalf of Greg and Hanna Skjonsby (“Owners”), with respect to property located at 16 Beacon Bay, requesting approval of a coastal development permit. 2. The property is legally described as Lot 16, in the City of Newport Beach, County of Orange, State of California, as shown by map filed in Book 9, pages 42 and 43 of Record of Surveys, in the office of the County Recorder of said County. 3. The applicant proposes to demolish an existing single-family residence and to construct a new three-story, 4,061-square-foot, single-family residence with an attached 706-square- foot, three-car garage. The project includes hardscape, landscape, and subsurface drainage facilities all located within the confines of the private property. The design complies with all applicable development standards and no deviations are requested. 4. The subject property is designated RT (Two-Unit Residential) by the General Plan Land Use Element and is located within the R-2 (Two-Unit Residential) Zoning District. 5. The subject property is located within the coastal zone. The Coastal Land Use Plan category is RT-C (Two-Unit Residential, 10.0 – 19.9 DU/AC) and the property is located within the R-2 (Two-Unit Residential) Coastal Zone District. 6. A public hearing was held on February 15, 2018, in the Corona del Mar Conference Room (Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place, and purpose of the hearing was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Zoning Administrator at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project is categorically exempt pursuant to Title 14 of the California Code of Regulations Section 15303, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act (CEQA) under Class 3 (New Construction or Zoning Administrator Resolution No. ZA2018-012 Page 2 of 8 Conversion of Small Structures), because it has no potential to have a significant effect on the environment. 2. Class 3 exempts the demolition and construction of limited numbers of new, small facilities or structures including one single-family residence in a residential zone. The proposed project consists of the demolition of an existing single-family residence and the construction of a new 4,061-square-foot single-family residence with an attached 706-square-foot, three-car garage in the R-2 Zoning District. SECTION 3. REQUIRED FINDINGS. In accordance with Section 21.52.015 (Coastal Development Permits, Findings and Decision) of the Newport Beach Municipal Code (NBMC), the following findings and facts in support of such findings are set forth: Finding: A. Conforms to all applicable sections of the certified Local Coastal Program. Facts in Support of Finding: 1. The proposed development complies with applicable residential development standards including, but not limited to, floor area limitation, setbacks, height, and parking. A. The total proposed floor area, including the residence and enclosed parking, is 4,767 square feet, which complies with the maximum allowable floor area limit of 5,560 square feet. B. The proposed development will provide the minimum required setbacks, which are three (3) feet along the front property line abutting the street, fifteen (15) feet along the front property line facing the water, and three (3) feet along each side property line. C. The highest guardrail is no more than 24 feet and the highest roof ridge is no more than 29 feet, measured from the established grade level of 9.69 feet (NAVD88), which complies with the maximum height limitation. D. The project includes enclosed garage parking for three vehicles, in compliance with the minimum parking requirement for single-family residences with 4,000 square feet or more of habitable floor area. 2. The neighborhood is predominantly developed with two -story single-family residences. Most of the newer residences have a rooftop deck and a partial third story. The proposed design, bulk, and scale of the development is consistent with the existing neighborhood pattern of development and expected future development. 3. The development fronts the Newport Bay, but is separated from the shoreline by a public bayfront parcel. The project site is not protected by a bulkhead or any other shoreline protective device. The finished first floor elevation of the interior living area of the Zoning Administrator Resolution No. ZA2018-012 Page 3 of 8 proposed residence is 10.17 feet (NAVD88), which complies with the minimum required 9.00-foot (NAVD88) elevation standard. 4. The property is located in an area known for the potential of seismic activity and liquefaction. A project-specific Geotechnical Investigation prepared by Coast Geotechnical, Inc., dated October 30, 2017, provides recommendations relative to grading, drainage and foundation design. All projects are required to comply with the California Building Code (CBC) and Building Division standards and policies. Geotechnical investigations specifically addressing liquefaction are required to be reviewed and approved prior to the issuance of building permits. Permit issuance is also contingent on the inclusion of design mitigation identified in the investigations. Construction plans are reviewed for compliance with approved investigations and CBC prior to building permit issuance. 5. A project-specific Coastal Hazards Analysis Report was prepared by GeoSoils, Inc., dated September 27, 2017. The report concludes that the propose d development is reasonably safe from coastal hazards for the next 75 years including shoreline movement, waves and wave run up, and flooding with moderate future sea level rise. The proposed development will neither create nor contribute significantly to erosion, geologic instability, or destruction of the site or adjacent area. 6. A Construction Pollution Prevention Plan (CPPP) prepared by Toal Engineering, dated September 11, 2017, provides recommendations for temporary Best Management Practices (BMPs) during construction to minimize erosion and sedimentation, and to minimize pollution of runoff derived by construction chemicals and materials. Construction plans and activities will be required to adhere to the CPPP. 7. The project design addresses water quality with a construction erosion control plan that outlines temporary Best Management Practices (BMPs) to be implemented during construction to minimize erosion and sedimentation, a nd to minimize pollution of runoff derived by construction chemicals and materials. No water quality impacts to coastal waters are anticipated based upon the location and elevation of the property. 8. Pursuant to NBMC Section 21.35.050 (Water Quality and Hydrology Plan), because the development contains more than 75 percent of impervious surface area, a Water Quality and Hydrology Plan (WQHP) was prepared by Toal Engineering, dated September 6, 2017. The WQHP has been reviewed and approved by the City’s Engineer Geologist. The WQHP includes a polluted runoff and hydrologic site characterization, a sizing standard for BMPs, use of a low-impact development (LID) approach to retain the design storm runoff volume on site, and documentation of the expected effectiveness of the proposed BMPs. The WQHP has been reviewed and approved by the City’s Engineer Geologist. Construction plans will be reviewed for compliance with the approved WQHP prior to building permit issuance. 9. The proposed development includes a post-construction drainage system with drainage and percolation features designed to retain dry weather and minor rain event run-off on- site. Any water not retained on-site will be directed to the City’s storm drain system. Zoning Administrator Resolution No. ZA2018-012 Page 4 of 8 10. New landscaping will be verified for compliance with NBMC Section 21.30.075 (Landscaping). Condition of Approval No. 16 is included to require drought-tolerant, and prohibit invasive, species. Prior to issuance of the building permits, the final landscape plans will be reviewed to verify invasive species are not planted. 11. The property is not located near designated public viewpoints or coastal view roads and will not impact public coastal views. Finding: B. Conforms with the public access and public recreation policies of Chapter 3 of the Coastal Act if the project is located between the nearest public road and the sea or shoreline of any body of water located within the coastal zone. Fact in Support of Finding: 1. The project site is located between the nearest public road and the sea or shoreline; however, the project will not affect the public’s ability to gain access to, use, and/or view the coast and nearby recreational facilities. 2. The residential lot does not currently provide nor does it inhibit public coastal access. Vertical access to the bay front is available west of the site at the intersection of Shelter Cove and Beacon Bay and east of the site at the intersection of Reef Cove and Beacon Bay where there are small public beach access points. 3. Lateral access along the public beach to the south will not be impeded as proposed and conditioned. 4. The project site is not located near any public Coastal View Points. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Zoning Administrator of the City of Newport Beach hereby approves Coastal Development Permit No. CD2017-107, subject to the conditions set forth in Exhibit “A,” which is attached hereto and incorporated by reference. 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal or call for review is filed with the Community Development Director in accordance with the provisions of Title 21 Local Coastal Implementation Plan, of the Newport Beach Municipal Code. Final action taken by the City may be appealed to the Coastal Commission in compli ance with Section 21.64.035 of the City’s certified LCP and Title 14 California Code of Regulations, Sections 13111 through 13120, and Section 30603 of the Coastal Act. Zoning Administrator Resolution No. ZA2018-012 Page 5 of 8 PASSED, APPROVED, AND ADOPTED THIS 15TH DAY OF FEBRUARY, 2018. _____________________________________ Patrick J. Alford, Zoning Administrator Zoning Administrator Resolution No. ZA2018-012 Page 6 of 8 EXHIBIT “A” CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval (except as modified by applicable conditions of approval). 2. Prior to the issuance of a building permit, an agreement in a form approved by the City Attorney between the property owner and the City shall be executed and recorded waiving rights to the construction of future shoreline protection devices to address the threat of damage or destruction from waves, erosion, storm conditions, landslides, seismic activity, bluff retreat, sea level rise, or other natural hazards that may aff ect the property, or development of the property, today or in the future. The agreement shall be binding against the property owners and successors and assigns. 3. Prior to the issuance of a building permit, the property owner shall submit a notarized signed letter acknowledging all hazards present at the site, assuming the risk of injury or damage from such hazards, unconditionally waiving any claims of damage against the City from such hazards, and to indemnify and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney’s fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s approval of development. 4. There shall be no encroachments into the public beach . 5. No demolition or construction materials, equipment debris, or waste, shall be placed or stored in a location that would enter sensitive habitat, receiving waters, or a storm drain or result in impacts to environmentally sensitive habitat areas, streams, wetland or their buffers. 6. Best Management Practices (BMPs) and Good Housekeeping Practices (GHPs) shall be implemented prior to and throughout the duration of construction activity as designated in the Construction Pollution Prevention Plan (CPPP). 7. The discharge of any hazardous materials into storm sewer systems or receiving waters shall be prohibited. Machinery and equipment shall be maintained and washed in confined areas specifically designed to control runoff. A designated fueling and vehicle maintenance area with appropriate berms and protection to prevent spillage shall be provided as far away from storm drain systems or receiving waters as possible. 8. Debris from demolition shall be removed from work areas each day and removed from the project site within 24 hours of the completion of the project. Stock piles and construction materials shall be covered, enclosed on all sites, not stored in contact with the soil, and located as far away as possible from drain inlets and any waterway. Zoning Administrator Resolution No. ZA2018-012 Page 7 of 8 9. Trash and debris shall be disposed in proper trash and recycling receptacles at the end of each construction day. Solid waste, including excess concrete, shall be disposed in adequate disposal facilities at a legal disposal site or recycled at a recycling facility. 10. Revisions to the approved plans may require an amendment to this Coastal Development Permit or the processing of a new coastal development permit. 11. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 12. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Coastal Development Permit. 13. This Coastal Development Permit may be modified or revoked by the Zoning Administrator if determined that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 14. Prior to issuance of a building permit, a copy of the Resolution, including conditions of approval Exhibit “A” shall be incorporated into the Building Division and field sets of plans. 15. Prior to issuance of a building permit, the applicant shall submit to the Planning Division an additional copy of the approved architectural plans for inclusion in the Coastal Development Permit file. The plans shall be identical to those approved by all City departments for building permit issuance. The approved copy shall include architectural sheets only and shall be reduced in size to 11 inches by 17 inches. The plans shall accurately depict the elements approved by this Coastal Development Permit. 16. Prior to issuance of a building permit, the approved CPPP shall be submitted with the Building Permit plans. Implementation shall be in compliance with the approved CPPP and any changes could require separate revie w and approval by the Building Division. 17. Prior to the issuance of a building permit, the applicant shall submit a final landscape and irrigation plan. These plans shall incorporate drought tolerant plantings, non - invasive plant species, and water efficient irrigation design. The plans shall be approved by the Planning Division. 18. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Pla nning Division. 19. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by the current property owner or agent. Zoning Administrator Resolution No. ZA2018-012 Page 8 of 8 20. Coastal Development Permit No. CD2017-107 shall expire unless exercised within 24 months from the date of approval as specified in Section 21.54.060 (Time Limits and Extensions) of the Newport Beach Municipal Code, unless an extension is otherwise granted. 21. To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney’s fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City’s approval of Skjonsby Residence including, but not limited to, Coastal Development Permit No. CD2017-107 (PA2017-250). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages, which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition.